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The Importance of Tahkim (arbitration) in Resolving Marital Disputes

The Importance of Tahkim (arbitration) in Resolving Marital Disputes

The issue of marital disputes has
been addressed by the Holy Qur’an by using the approach of Tahkim (arbitration)
in verse 35 of Surah An-Nisa:

“If you fear a
split between them (the spouses), send one arbitrator from his people and one
from her people. If they desire to set things right, Allah shall bring about
harmony between them. Surely, Allah is All Knowing, All-Aware”

[The Noble Qur’an, Mufti Muhammad
Taqi Usmani].

In the light of this Qur’anic
injunction, Tahkim is established as an Islamic approach to try and resolve
marital disputes where possible and appropriate, according to all four schools
of thought. It should also be noted that Tahkim is only one approach alongside
the other approaches which are normally utilised in this regard, as outlined by
Islamic scholars in detailed reference works such as al-Heelah al-Najizah lil
Haleelah al-A’jizah.

More
specific guidance on Tahkim, including its legal basis, procedure and
associated rulings can be found in the manuals of Islamic law and the
narrations indicating how Tahkim was practically, straightforwardly and
unambiguously used by the companions such as Ali may Allah be pleased with him.

Ibn
Abideen, in his renowned al-Fatawa al-Shamiyyah explains that Tahkim
(arbitration) is established when the person seeking arbitration requests it by
saying a word which indicates the meaning of Tahkim, for example the phrase
'...rule between us' and the arbitrator accepts to arbitrate: